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22-30A-8
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney
General to recover expenses; administrative order or civil action; for what costs fund may
be reimbursed; contributions among liable parties; declaratory judgment action to determine
apportionment. (a) Liable parties shall be liable to the state for amounts expended for the
investigation, identification, containment and cleanup of hazardous substance sites, including
the cost of post-cleanup monitoring and maintenance of such sites. (b) The department or the
Attorney General shall act to recover for the fund the reasonable and necessary amounts expended
for the investigation, identification, containment, cleanup, monitoring and maintenance of
inactive or abandoned hazardous substance sites to the extent the department or the Attorney
General can attribute these expenditures to liable parties as set out herein. Recovery of
these expenditures by the department or the Attorney General can be either...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by
director; development and implementation of cleanup plan; public comment period; orders; notice
and hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order
or civil action; penalties. (a) The director shall identify inactive or abandoned hazardous
substance sites, as defined herein, within the State of Alabama. Once identified the director
shall refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so
identified by the director, not appearing on the NPL, the director shall attempt to identify
all...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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22-30E-4
Section 22-30E-4 Authority of the department to establish rules and regulations. (a)
The department, acting through the commission, may adopt, promulgate, modify, amend, and repeal
rules and regulations to implement and enforce this chapter as necessary to provide for the
voluntary assessment, cleanup, reuse, and redevelopment of qualifying properties. All rules
and regulations established pursuant to this chapter shall comply with applicable provisions
of the Alabama Administrative Procedure Act, Section 41-22-11. (b) The department's
rules and regulations shall include, at a minimum, the following: (1) Rules and regulations
establishing cleanup standards. (2) Rules and regulations governing procedures for placement
of properties on and removal of properties from the Voluntary Cleanup Properties Inventory
required under the provisions of Section 22-30E-11. (3) Rules and regulations governing
procedures for the filing in the deed records of the probate courts of appropriate notice
upon...
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22-30A-3
Section 22-30A-3 Alabama Hazardous Substance Cleanup Fund established; appropriations.
(a) There is hereby established within the State Treasury a special revenue fund to be known
as the Alabama Hazardous Substance Cleanup Fund. All federal grants, state appropriations,
penalties, reimbursements and any other funds collected pursuant to this chapter are hereby
appropriated for the purposes provided for in this chapter and shall be deposited into said
fund. Any funds remaining in the Alabama Hazardous Substance Cleanup Fund at the end of any
fiscal year shall not revert to the General Fund but shall remain in said fund and is hereby
reappropriated until expended in accordance with the provisions of this chapter. (b) There
is hereby appropriated from the State General Fund for the fiscal year ending September 30,
1989, the amount of $100,000.00 for the start-up and administrative costs necessary to implement
this chapter and for inactive or abandoned hazardous substance site cleanup...
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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context
prohibits, the following words and terms shall have the following meanings: (1) CLEANUP. All
activities including administrative activities related to the identification, investigation
and evaluation of hazardous substance sites and the removal of hazardous substances or other
closure or containment of hazardous substances and any subsequent monitoring of such sites.
(2) COMMISSION. The Alabama Environmental Management Commission as created by Section
22-22A-6. (3) DEPARTMENT. The Alabama Department of Environmental Management as created by
Section 22-22A-4. (4) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (5) FUND. The Alabama Hazardous Substance Cleanup Fund. (6) HAZARDOUS SUBSTANCE.
Any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14) or listed
as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1
et seq. and...
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22-30A-4
Section 22-30A-4 Powers of department; use of fund. (a) In relation or addition to the
powers set forth in this section and any other provisions of laws of this state, the
department is empowered, with regard to the regulation, control, or removal of hazardous substances
as follows: (1) To respond to, direct, or initiate cleanup of inactive or abandoned hazardous
substance sites; (2) To conduct or contract for professional technical data gathering and
analysis and damage assessment; (3) To conduct or contract for the removal or containment
of hazardous substances where there has been or is a potential for release, regardless of
quantity or concentration; and (4) Acting through the provisions of Sections 22-22A-5 and
22-22A-8 issue such rules and regulations as are necessary to carry out the provisions of
this chapter. (b) The fund shall be available to the department for expenditures for the purpose
of providing for the identification, investigation, and for the containment and...
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22-35-4
Section 22-35-4 Alabama Underground and Aboveground Storage Tank Trust Fund. There is
hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund, hereinafter
referred to as the "fund," to be administered by the Secretary-Treasurer of the
Retirement Systems of Alabama. The fund shall be used by the department as a revolving fund
for carrying out the purposes of this chapter. The fund is not an insurance company and the
laws relating to the conduct of business in this state by an insurance company do not apply
to the fund. A decision that underground or aboveground storage tanks are ineligible for benefits
under the fund does not expose the fund, the director, department, or commission to a claim
of bad faith as such terms are used in general insurance law. Further, in no event shall combined
claims against the fund for payment of response actions and third-party claims exceed the
per occurrence indemnification limit set by the commission. Under no circumstances shall...
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22-30D-4
Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations.
(a)(1) All owners and operators and all wholesale distributors shall elect by May 24, 2001,
to be covered or not to be covered by this chapter and shall do so by notifying the department
in writing that such owner or operator or wholesale distributor elects to be covered or not
to be covered by this chapter. Following May 24, 2001, any owner or operator or wholesale
distributor who may have initially elected not to be covered by this chapter or who may have
inadvertently failed to notify the department may notify the department that such owner or
operator or wholesale distributor has reconsidered and desires to be covered by the fund,
but any such owner or operator or wholesale distributor shall, with its notice of request
for coverage, be required to pay to the Department of Revenue the registration fees which
would otherwise have been due to the fund had such owner or operator or wholesale...
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22-30A-9
Section 22-30A-9 Liability for actions taken or omitted under chapter. No action may
be commenced against the director, any employee of the department, or any person under contract
with the department for damages as a result of actions taken or omitted in the course of performing
duties or functions under this chapter or in the course of rendering care, assistance, or
advice at the direction of an on-scene coordinator appointed by the director, with respect
to the cleanup of an abandoned or inactive hazardous substance site including any release
of a hazardous substance or the threat thereof. (Acts 1988, 1st Ex. Sess., No. 88-859, p.
348, §9.)...
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